The Nepali Judiciary - Supreme Court Of Nepal

The Nepali Judiciary - Supreme Court Of Nepal The Nepali Judiciary - Supreme Court Of Nepal

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Ramechhap, Taplejung, and Doti. Similarly, additional land for Sarlahi District Court has been purchased and with the exchange of the former land additional land adjoining the purchased land has also been acquired. 53 While making a comparative study of vehicles required for the courts, there has been remarkable progress in procuring vehicles after the implementation of the Plan. Other than the Supreme Court and Appellate Courts, majority of the District Courts did not possess any vehicles whereas now majority of the courts that have transportation facilities have been provided with vehicles. While providing vehicles, it has been the policy of providing fuel and a driver for all judges of the District Court and vehicles are distributed on the basis of priority and judges having their personal vehicle are provided with fuel and driver. Likewise, Registrars and gazetted first class officers of the Appellate Courts that have access to transportation facilities are provided with vehicle along with driver and fuel. Likewise, it has been the policy of providing fuel and motorcycle to gazetted second-class officers wherein pursuant to the policy some officers have received the facilities and efforts towards providing facilities to the remaining is being made. Similarly, it has been the policy to provide a staff bus for ferrying court employees for courts having many employees and pursuant to the policy three staff bus for the Supreme Court has been made available and is in operation. Previously, most of the courts did not have the facility of photocopy and fax machines but with the implementation of the Plan, majority of the courts have been provided with this facility. Likewise, in the Supreme Court, chamber of the judges have been installed with air conditioning machines and the same has been installed in the chambers of other court buildings. Data regarding the availability of vehicles, computers, photocopy machines, fax prior to and upon commencement of the Plan is provided hereinbelow: Court Supreme Court Appellate Courts District Courts Other Courts & Tribunals Vehicle (Motor, Car) Before After Plan Plan Bus 3 Car 34 14 Jeep 18 Motorcycle 36 Bicycle 87 Car -36 Jeep 18 29 Motorcycle 10 Bicycle 61 Car-54 Jeep 33 54 Motorcycle 25 Bicycle 247 Car 19 Jeep 5 - Motorcycle 11 Bicycle 62 TABLE: 14 Status of Source and Resource before and after plan Computer Photocopy Fax Before Plan After Plan Before Plan After Plan Before Plan After Plan Telephone/ Photocopy Before After Plan Plan 56 300 5 15 4 17 - 30 4 247 16 31 3 29 - 142 2 423 - 103 - 70 - 124 - 70 12 - 7 - 34 53 For detailed information, please refer to Implementation of the Strategic Plan and Achievements Made by the Judiciary – 2066 published by the Supreme Court. 31

Pursuant to the policy of providing services to court users through counter system, provisions of counters have been made in the newly constructed courts and to the extent possible provision of counters have also been made in old buildings so as to provide services to court users. Initiatives towards modernizing court libraries have been undertaken with the purchase of cupboards and additional books. Provisions of furniture and racks have assisted in management of records, wherein record files can be immediately obtained. Construction Committee had prepared and submitted a three years work plan wherein the Committee was requested to integrate and prioritize the plan according to the mid-term review report wherein efforts to integrate and prioritize the plan is being carried out. Matters regarding security of courts, judges and employees had been included under the physical infrastructure development plan and in order to develop the security of the above matter a committee had been constituted wherein the security development plan is in its final stage. 54 3.3.4 To pursue for the streamlining of the number and geographical distribution of courts and review the existing jurisdiction The Plan had proposed review of the current location of the courts and simplification of its jurisdiction. In order to conduct a study and submit recommendation thereof, a Court Jurisdiction Review Committee 55 and Court Functioning Jurisdiction Committee 56 had been formed. The committees have submitted their reports. Where recommendations made by the Committee was in the process of being implemented, Interim Constitution, 2063 was promulgated wherein the Interim Constitution provided for restructuring of the state and prescribed for a federal structure, and since the above matters were to be decided through the promulgation of a new Constitution this strategic intervention was dropped by the mid-term review. 3.3.5 To strengthen the capacity of the judiciary to execute decisions The Plan had envisaged to conduct a national conference of the execution officers/officials and identify the problems, to develop a policy on review of law and strengthening of logistical support and on recruitment of suitable human resource for efficient execution and revamping of security and to identify the training needs of executing officers/officials. In this regard, two national conferences of the execution officers/officials had been conducted. 57 In addition to this, a committee had been formed 58 to study the provisions regarding sentencing and fines and recovery of such sentence and fines. A committee had been formed by the Central Level Justice Sector Coordination Committee to draft decision execution guideline. The Committee had recommended for amendment of laws, constitution of an autonomous Body for execution of decision and provision of mechanisms for monitoring and evaluation of execution of decisions from the Supreme Court to the District Court. 54 Hon’ble Justice Balram K.C. was the coordinator of this committee 55 Hon’ble Justice Dilip Kumar Paudel was the coordinator of this committee and the committee had submitted its report on 2062/2/31 56 Hon’ble Justice Khil Raj Regmi was the coordinator of the committee and the committee had submitted its report on 2062/12/7 57 The first conference was held on 2062/3/3-5 and the second on 2062/5/24-26 58 Former District Court Justice Shambhu Bahadur Karki was the chairperson of this committee and the committee had submitted its report on 2062 32

Ramechhap, Taplejung, and Doti. Similarly, additional land for Sarlahi District <strong>Court</strong> has been<br />

purchased and with the exchange of the former land additional land adjoining the purchased land<br />

has also been acquired. 53<br />

While making a comparative study of vehicles required for the courts, there has been remarkable<br />

progress in procuring vehicles after the implementation of the Plan. Other than the <strong>Supreme</strong> <strong>Court</strong><br />

and Appellate <strong>Court</strong>s, majority of the District <strong>Court</strong>s did not possess any vehicles whereas now<br />

majority of the courts that have transportation facilities have been provided with vehicles. While<br />

providing vehicles, it has been the policy of providing fuel and a driver for all judges of the District<br />

<strong>Court</strong> and vehicles are distributed on the basis of priority and judges having their personal vehicle<br />

are provided with fuel and driver. Likewise, Registrars and gazetted first class officers of the<br />

Appellate <strong>Court</strong>s that have access to transportation facilities are provided with vehicle along with<br />

driver and fuel. Likewise, it has been the policy of providing fuel and motorcycle to gazetted<br />

second-class officers wherein pursuant to the policy some officers have received the facilities and<br />

efforts towards providing facilities to the remaining is being made. Similarly, it has been the policy<br />

to provide a staff bus for ferrying court employees for courts having many employees and pursuant<br />

to the policy three staff bus for the <strong>Supreme</strong> <strong>Court</strong> has been made available and is in operation.<br />

Previously, most of the courts did not have the facility of photocopy and fax machines but with the<br />

implementation of the Plan, majority of the courts have been provided with this facility. Likewise, in<br />

the <strong>Supreme</strong> <strong>Court</strong>, chamber of the judges have been installed with air conditioning machines and<br />

the same has been installed in the chambers of other court buildings.<br />

Data regarding the availability of vehicles, computers, photocopy machines, fax prior to and upon<br />

commencement of the Plan is provided hereinbelow:<br />

<strong>Court</strong><br />

<strong>Supreme</strong><br />

<strong>Court</strong><br />

Appellate<br />

<strong>Court</strong>s<br />

District<br />

<strong>Court</strong>s<br />

Other<br />

<strong>Court</strong>s &<br />

Tribunals<br />

Vehicle<br />

(Motor, Car)<br />

Before<br />

After Plan<br />

Plan<br />

Bus 3<br />

Car 34<br />

14 Jeep 18<br />

Motorcycle 36<br />

Bicycle 87<br />

Car -36<br />

Jeep 18<br />

29<br />

Motorcycle 10<br />

Bicycle 61<br />

Car-54<br />

Jeep 33<br />

54<br />

Motorcycle 25<br />

Bicycle 247<br />

Car 19<br />

Jeep 5<br />

-<br />

Motorcycle 11<br />

Bicycle 62<br />

TABLE: 14<br />

Status of Source and Resource before and after plan<br />

Computer Photocopy Fax<br />

Before<br />

Plan<br />

After<br />

Plan<br />

Before<br />

Plan<br />

After<br />

Plan<br />

Before<br />

Plan<br />

After<br />

Plan<br />

Telephone/<br />

Photocopy<br />

Before After<br />

Plan Plan<br />

56 300 5 15 4 17 - 30<br />

4 247 16 31 3 29 - 142<br />

2 423 - 103 - 70 - 124<br />

- 70 12 - 7 - 34<br />

53<br />

For detailed information, please refer to Implementation of the Strategic Plan and Achievements Made by the<br />

<strong>Judiciary</strong> – 2066 published by the <strong>Supreme</strong> <strong>Court</strong>.<br />

31

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